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HomeMy WebLinkAboutItem 6.4 AssessGarb/RecyleSvs . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 29, 1998 CITY CLERK' File # D[8][2][Q]-[3]fZ2] SUBJECT Public Hearing: Assessment Basic Garbage/Recycling Services (prepared by: Paul S. Rankin, Assistant City Manager) EXIDBITS ATTACHED 1) Written Protests Received As of June 19, 1998 2) Resolution Adopting 1998/99 Assessment :~ 1) Open the Public Hearing. 2) Receive the Staff Report and public b1J testimony. 3) Close the public hearing and deliberate. 4) Determine the number of any additional written protests received for the record. 5)Adopt Resolution and direct staff to prepare the necessary reports to the Alameda County Tax Collector. RECOMMENDATION FINANCIAL STATEMENT: An annual fee is collected on the Property tax bill for the cost of Basic Residential Garbage Service. The proposed 1998/99 annual Assessment is $118.50 per household. DESCRIPTION: The City has been providing the current mandatory residential garbage and recycling services since July 1, 1993. The program was initially implemented to recognize the fact that the entire community benefits by assuring that basic garbage and recycling services are provided to residential units on a weekly basis. The annual cost ofthe services is collected on the Property Tax Bill and the City pays . the Garbage Company twice each year. Customers who request services beyond the Basic service are billed directly by Livermore Dublin Disposal. Each year the City Council must establish an assessment based upon available revenues from prior years and the authorized service rates to be paid to Livermore Dublin Disposal. SERVICES PROVIDED The following table describes the services which are provided under the basic garbage service agreement: BASIC RESIDENTIAL GARBAGE SERVICES SERVICE DESCRIPTION Garbage CollectionlDisposal (1) 35 gallon Company Provided Can Curbside / Semi- Automated Service Curbside Recycling Weekly curbside collection of : Newspaper, Mixed Paper/Junk Mail, Aluminum, Tin, Glass, Aseptic Cartons, and Narrow Neck Plastic Containers. 64 Gallon Company Provided Container Collected Weeldy ._~_________~!~~~~:~~:T~__________________~~~~~w_~~~~~!___________~___ COPIES TO: Annette Holck, General Manager Separate Green Waste Recycling In addition to the direct program costs the City must consider other factors which affect the totw amount to be collected on the Property Tax. These costs include: (a) contract computer service which p;epares' the magnetic tapes to be provided to the tax collector prior to August 1 st; (b) Alameda County Collection costs which are 1.7% of the total fees levied; ( c) estimated delinquencies for properties which are not . current on their property tax payments; and (d) an estimate of surplus funds which may be available from collections made in the prior year. 1998/99 PROPOSED ANNUAL ASSESSMENT FACTORS F or the upcoming Fiscal Year, Staff is proposing an increase in the annual assessment from $114.90 to $118.50. This equates to approximately $9.88 per month, and represents an increase of approximately 3.1 % over the assessment levied for 1997/98. The rate developed also assumes that the City will contribut~ $89,000 in Measure D Funds to offset the cost of residential recycling services offered to both single family and multi-family households. The following are the historical per household assessments levied: Historical Annual Fee For Minimum Garbage Service 1994/1995 $ 104.30 1995/1996 $ 121.30 1996/1997 $ 112.60 1997/98 $ 114.90 Proposed 1998/99 $118.50 As shown above, the proposed 1998/99 rate continues to be less than the rate levied in Fiscal Year 1995- 96. The 1995/96 assessment amount covered a period prior to the 1996 negotiation by the City of a new agreement which implemented the current method of rate adjustments. The monthly equivalent of$9.88 is slightly less than the $9.95 rate the City will need to pay the Company, due to an expectation that funds will be unspent as of June 30, 1998, and can be applied against the 1998/99 costs. COMPARATIVE RATES . Staffhas conducted a survey of rates charged in neighboring cities. For comparison purposes both the rate the Company will collect from the City of Dublin as well as the montWy equivalent of the annual assessment has been shown. TRI- VALLEY RESIDENTIAL GARBAGE RATE COMPARISON Residential 1 Can Residential (32-35) Gallon Dublin Dublin FY 97-98 Proposed Annual Assmt 3 City Disposal Co. Divided By Livermore Pleasanton San Ramon Average 97-98 Rate 12 Months $ 9.64 $ 16.00 $ 11.50 $ 12.38 $ 9.95 $ 9.88 Livermore and Pleasanton Residential Green Waste is only Bi-Weekly. The City of Dublin service levels are in most cases comparable, and in some cases better than the survey cities. For example, Livermore and Pleasanton offer Residential Green Waste collection only every other week. The City of Dublin residentiw subscribers receive more recycling services in comparison to these two agencies. The proposed City of Dublin rates are less than the average of the agencies surveyed. It should be noted that the City of Livennore is expected to consider a rate increase, however the amount of the increase had Dot been determined at the time the Staff report was prepared. . r- ).- REOumEMENTS UNDER PROPOSITION 218. Under the requirements of Proposition 218, the adoption or increase in property-related fees which are 'refuse'service fees, requires a 45-day notice to the parcel owners. A notice ~xplaining the proposed changes and the purpose ofthe fee was mailed to all parcel owners on May 8, 1998. The notice was . mailed in conjunction with the proposed changes to company garbage rates. Over 5600 parcels are affected by the residential garbage assessment. Proposition 218 has very specific criteria which must be considered prior to the adoption of this fee. Specifically, Section 6(2) Property-Related Fees and Charges - states the following: The agency shall conduct a public hearing upon the proposed fee or charge not less than 45 days after mailing the notice of the proposed fee or charge to the record property owners of each identified parcel upon which the fee or charge is proposed for imposition. At the public hearing, . the agency shall consider all protests against the proposed fee or charge. If the written protests against the fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge. At the time the Staff Report was prepared, the City had received a totw of six protests, from four different property owners, as contained in Exhibit 2. One person submitted three letters, one for each property he owns. This owner requests that garbage fees be billed directly to tenants rather than being billed with property taxes. The other three letters simply protest the fee increase. This number of letters is insufficient to override the adoption of the revised fee. RECOMMENDATION Attached to the Staff Report is a Resolution (Exhibit 2), which will establish the 1998/99 Assessment. The resolution includes levies for duplex units which are twice the rate for a single family home. Those . townhouse units which have individual service are charged at the same rate as a single family residence. Staff recommends that the City Council conduct a Public Hearing and update the cwculation of any additionw written protests received. Following the Public Hearing, Staff would recommend that the City Council deliberate and adopt the Resolution. . - 1- Exhibit 1 . City Clerk City of Dublin P. 0, Box 2340 Dublin, California 94568 Dear City Clerk: 7436 Oxford Circle Dublin, California 94568 May 20, 1998 RECEIVED .\1; !:;)' 2 ,.,~ 1998 CITY Ui- OUBLIN No, on an increase in garbage fees. We property owners have cooperated with the Livermore Dublin Disposal Co., separating our garbage into appropriate containers for garbage, greens and clippings, glass, cans, newspapers; cutting cardboard into specified size, bundling, and tying with a string. No one has given us a raise to do this work. Homeowner fees, water, telephone, and utilty fees have gone up. Garbage should not. . Parcel 941-2/88-146-00 . ~ Respectfully, ~-\.J tI/..e0- Alicia Weir /0% RECEIVED . );7.77 02S; /97'Y' ~; ivj ~d 2 7 7998 CITY Ur DUBLIN ~ J)~~ . /? _~-23'YtJ ~~ ~ 9.;c~&Y r /) l2~.--k~~ ~/f~~~r ~->Y~~~, eX!) tJe27:J ~ 72f.j/o~ 4--' //0&6- ~cS 77< e//~ C7 . 8) PLA.-b / //V / ~ 97-'6"Z V 7j ~ ~ .;z!C 7:7/- z)/tlS-LJ/3_0Q bj 5).-R~-77 ~~ ~ ~/.2O-//7 '9V' . f) /if J =j" j . . . * RECEIVED ,<',,' 2 i- 1998 CITY Uf DUBLIN Steve Conner 18352 Jill Way Castro Valley, Ca. 94546 Phone: (510) 537-8014 Fax: (510) 581-2152 E-Mail: .steve@envi.net MAY 17, 1998 Attention City Clerk City of Dublin P.O. Box 2340 Dublin, Ca. 94568 Re: Fee; Garbage Company Rates & Residential Minimum Garbage/Recycling Services Property Address: 8527 Langford Way. Parcel: #941-185-12 Dear City Clerk, This letter is to protest the above fees and increases, I do not want any fees attached to my property, The garbage company should bill each property user individually for services used. When fees are attached to property tax bills it creates charges to property owners who may not be the ones using the service, (ie renters utilities). Your policy creates an lil1collectible charge for landlords and reduces their income, which in iL~e end results in lesser property values. It can then lead to abuses by landlords using the justification of increased property taxes for excessive rent increases, All we have done by attaching services to property taxes is make billing easier for the garbage collectors. This increase in efficiency, is not offset by the problems created by not correctly charging the end user. We need people to be responsible for the services they use. y submitted, ~ Steve Conner 3 cf g . Steve Conner 18352 Jill Way Castro Valley, Ca. 94546 Phone: (510) 537-8014 Fax: (510) 581-2152 E-Mail: steve@envi.n.et . MAY 17, 1998 Attention City Clerk City of Dublin P,O, Box 2340 Dublin, Ca, 94568 Re: Fee; Garbage Company Rates & Residential Minimum Garbage/Recycling Services Property Address: 7715 Cardigan St. Parcel: #941-176-82- . Dear City Clerk, 1bis letter is to protest the above fees and increases, I do not want any fees attached to my property. The garbage company should bill each property user individually for services used, When fees are attached to property tax bills it creates charges to property owners who may not be the ones using the service, (ie renters utilities), Your policy' creates an uncollectible charge for landlords -and reduces their income, which in the end results in lesser property values, It can then lead to abuses by landlords using the justification of increased property taxes for excessive rent increases. All we have done by attaching services to property taxes is make billing easier for the garbage collectors, 1bis increase in efficiency, is not offset by the problems created by not correctly charging the end user, We need people to be responsible for the services they use. Steve Conner . G/vzfSl . . Steve Conner 18352 Jill Way Castro Valley, Ca. 94546 Phone: (510) 537-8014 Fax: (510) 581-2152 E-Mail: steve@envi.net MAY 17, 1998 Attention City Clerk City of Dublin P,O. Box 2340 Dublin, Ca, 94568 Re: Fee; Garbage Company Rates & Residential Minimum Garbage/Recycling Services Property Address: 7335 Bedford Way Parcel: #941-76-39 ,Dear City Clerk, TIlls letter is to protest the above fees and increases. I do not want any fees attached to my property. The garbage company should bill each property user individually for services used. When fees are attached to property tax bills it creates charges to property owners who may not be the ones using the service, (ie renters utilities). Your policy creates an uncollectible charge for landlords and reduces their income, which in the end results in lesser property values. It can then lead to abuses by' landlords using the justification of increased property taxes for excessive rent increases. All we have done by attaching services to property taxes is make billing easier for the garbage collectors, nus increase in efficiency, is not offset by the problems created by not correctly charging the end user. We need people to be responsible for the services they use. . Steve Conner Je/ '$ vtJ 0 RECE!VED ; '. : \: 2 1998 CITY Ur UUoLiN . June 1,1998 City Clerk City of Dublin Post Office Box 2340 Dublin, California, 94568 Attention City Clerk: I hereby protest the proposed 3.1% increase in garbage and recycling fees for the fiscal - ((~37 year 1998-99. Asper your request the following is provided: Fredric K. Taigen, ~ . Luna Ct, Dublin, Ca. 94568. Assessors parcel number 941-105-24. Sincerely yours, - ~j~ F. K. Taigen 1/ ~z., r 11'tf' te signed I - . 601 Exhibit Z RESOLUTION NO.' - 98 . A RESOLUTION OF THE CfIT COUNCIL OF THE CfIT OF DUBLIN '" '" '" '" '" ", '" '" II: APPROVING AND ESTABLISHING THE COLLECTION OF MINlMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 1998-99 WHEREAS, the City of Dublin is mandated by the State of California, under AB 939, to reduce the amount of solid waste going into the landfill; and WHEREAS, through the Mandatory Garbage Ordinance and other means, the City of Dublin is taking a proactive stance to meet the State Mandated Goals; and WHEREAS, the goal of the Mandato!)' Garbage Ordinance is to protect the health and welfare of the conununity, to provide recycling services to all residential property owners, and to equally share the costs of these programs by mandating that every residence contributes towards the cost of the service made available; and WHEREAS, minimum service includes service described in the current Agreement with the franchised waste hauler; Livermore Dublin Disposal; and WHEREAS, in accordance with California Constitution Article XIII C (proposition 218) Section 6 (2) the City has provided written notice to all affected property owners at least 45 days prior to holding a public hearing; and . WHEREAS, the City received a total of 6 written protests to the adoption of the fee, which was not a sufficient number to represent a majority of the affected property owners; and WHEREAS, the City Council has considered this action as part ofa noticed public hearing on June 29, 1998. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and establish the collection of minimum residential services fees by the City on the property tax bill as shown in the attached Exhibit A, attached hereto and by reference made a part of. BE IT FURTHER RESOLVED that the City Staff are hereby authorized to undertake all administrative tasks to implement the assessments, including, but not limited to an agreement with Alameda County for collection which may provide payment to Alameda County of its reasonable costs of collection not to exceed 1.7% of the total amount levied. PASSED, APPROVED AND ADOPTED this 29th day of June, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk 1~~ ~ EXHIBIT A . CITY OF DUBLIN CALCULATION OF ASSESSMENT FOR MlNlMUM RESIDENTIAL GARBAGE SERVICE Purpose of Fee: The purpose of the fee is to provide a basic level of garbage and recycling services to all residences which receive individuw garbage service. This includes certain programs and services necessary to comply with the California Integrated Waste Management Act of 1989 (AB 939). Provision of the basic service level on a City-wide basis protects the health, safety and welfare of the community. Allocation: The cost of this program and the method of allocating the cost among all residentiw properties offered such services shall be as set forth herein Use of Fees: The fees collected pursuant to this program shall be used to pay for minimum residentiw garbage collection and recycling services and associated administrative costs. Limitations: The amount to be raised through the collection of the Minimum Garbage Fel.:. . for Piscw Year 1998-99 does not exceed the estimated totw cost of the services and related expenses as described in the Staff Report presented at the June 29, 1998 Public Hearing before the Dublin City Council. Method To Be Used To Calculate the Minimum Garba2e Service Fees For Different Land Uses General: The fee shall only apply to residential properties which receive individuw garbage collection and disposw and are not serviced by a centralized commerciw dumpster. The fee assessed for Fiscw Year 1998-99 (July 1, 1998 - June 30, 1999), shall be as follows: Land Use Fee Assessed Each Single Family Residence Each Condominium/Townhome Unit (Excludes units serviced by centralized dumpsters) Each Duplex (2 units) Each Duplex (5 or more units) $ 118.50 $ 118.50 $237.00 $ 118.50 times the number of units . >! ~J?